Terms and Conditions

TERMS AND CONDITIONS

Welcome to the www.clutchhairculture.com. website. If You continue to browse and use www.clutchhairculture.com, You are agreeing to comply with and be bound by the following terms and conditions of use, which together with the Privacy Policy govern Clutch Hair Culture relationship with You in relation to this website. If You disagree with any part of these terms and conditions, please do not use this website.

This agreement is in effect as of [5/1/2020].

1. DEFINITIONS

  1. “Clutch Hair Culture”, “us”, “our” and “we” are references to the owner of this website, Clutch Hair Culture, whose registered office is in 15129 Glenwood Ave, Overland Park, KS 66223, United States;
  2. “You”, “Your” and “Yourself” are references to the user or viewer of this website and purchaser of the Goods from us;
  3. “Goods” means the items specified in your invoice;
  4. “Contract” means the contract between You and Clutch Hair Culture for the sale and purchase of the Goods on www.clutchhairculture.com which incorporates this User Agreement;
  5. “User Agreement” means these terms and conditions;
  6. “Website” and “Site” means the www.clutchhairculture.com website and all related content and mobile applications;
  7. “Materials” means the information, resources, services, products, and tools we provide for You, either directly or indirectly through this Website.

2. GENERAL

This User Agreement may change at our discretion at any time and without prior notice. All orders and purchases made through this Website are governed by this User Agreement. The purchase of merchandise through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Website in accordance with the laws of the jurisdiction of their residence. By entering this Website, You agree that You will access the content solely for your personal and non-commercial use. This User Agreement applies to the purchase of goods from www.bellamihair.com only.

3. YOUR ORDER

Please read the following carefully about placing an order for Goods on www.clutchhairculture.com:

  1. In order to make purchases through the Website, You will be requested to register and provide personal details. In particular, You must provide their real name, phone number, email address and other requested information as indicated.
  2. When ordering items, You as the buyer will be required to provide payment details and You represent and warrant that the payment details You provide on ordering are both valid and correct and You confirm that You are the person referred to in the billing information provided.
  3. When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in this User Agreement.
  4. All orders are subject to acceptance and availability. We reserve the right not to accept your order in the event, for example:
    1. we are unable to obtain authorization for payment; or
    2. the item ordered is out of stock; or
    3. the order placed is incomplete or inaccurate due to technical or other reasons beyond our control.
    In such a case an order placed by You will not be accepted and the Contract between You and Clutch Hair Culture will not be formed.
  5. Back-Order:
    Popular items may sell out quickly and temporarily be on back-order. This means that the items are currently out of stock but that there are shipments on their way to restock our warehouses. Ordering an item that is currently on back order is a worry-free way to ensure that You will be first in line for the new inventory and that the item which You ordered will be sent out to You as soon as we receive it.
    1. Items You order in addition to the back ordered item will be held back.
    2. The back ordered items in any order will automatically ship out as soon as we receive the item in the order which they were placed.
    3. You will be notified via a shipment confirmation email (and a tracking number) once your back ordered items have shipped. You will not need to contact customer support, or do anything to follow up on the back ordered item. We will take care of it for You from here on out.
    4. We will do our best to estimate when back ordered items are expected to ship, and post this information on the website. This is only an estimation, subject to change, and shipping dates are not guaranteed.

4. PRICE

All prices listed on the Website are in US (USD) dollars. For international orders, the bank that has issued your credit/debit card determines the exact exchange rate that You will be charged. The amount charged from the original Clutch Hair Culture invoice purchased is returned when refunded by the seller. Please note we are not liable whatsoever, for any discrepancies caused by exchange rate fluctuations. All prices and offers remain valid and as advertised from time to time. The price of a product displayed on the Website at the time the order is accepted will be honored.

All prices indicated on this website do not reflect any or all of the international duties, taxes, or other customs charges that the package may encounter when it arrives at its final destination. Please contact the customs agency officials to find out of all applicable taxes and duties (if any). Those charges vary greatly from country to country and will not be covered by Clutch Hair Culture.

5. PAYMENT

Payment for Goods and shipping where applicable must be made at the time the order is placed through this Website. Payment can be made by PayPal, Amazon Pay, or a Visa, Master Card, Discover or AMEX debit or credit card. In all cases, the Contract between You and Bellami will not be completed and delivery will not occur until we are satisfied that the payment has cleared. If the issuer of your payment card refuses to authorize payment to Clutch Hair Culture, we will not be liable for any delay or non-delivery.

All credit card transactions on this site are processed using a secure online payment platform, PayPal, that encrypts your card and/or banking details in a secure host environment. Clutch Hair Culture does not hold any credit card details on our Website or in our customer database.

6. DISCOUNT / COUPON

Only one promotional discount/coupon can be used per order. A promotional discount/coupon cannot be used in conjunction with any other offer or discount. Promotional discounts/coupons are non-transferable, not for resale, and not redeemable for cash. Clutch Hair Culture reserves the right to withdraw, amend or cancel a discount offer at any time.

7. DELIVERY

Please carefully review the shipping and delivery guidelines HERE before placing your order so You may choose the delivery option most suitable for You.

Clutch Hair Culture will not be liable for any loss, damages or penalty resulting from delay in delivery of the Goods when such delay is due to causes beyond the reasonable control of Clutch Hair Culture, including without limitation, supplier delay, force majeure, act of God, labor unrest, pandemic/epidemic or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.

Clutch Hair Culture does not take responsibility for products that are sent to You unregistered. If You would like it sent through registered mail this will be at an additional cost to You.

Custom made products such as and not limited to products containing real human hair will be shipped within 3 weeks of order receipt. All other products will be shipped within a week of order receipt. Shipping from the manufacturer may take up to 3 weeks. Shipping fees are included in product cost. 

8. RETURNS AND EXCHANGES

We do not allow opened items to be returned for the safety of all of our clients. Please note:

  • All Styling Tools are considered FINAL SALE items and are not eligible for return or exchange.
  • All haircare products are final sale, no returns or exchanges.
  • All Clutch Hair Culture clip and wrap ponytails are considered FINAL SALE items and are not eligible for returns or exchanges.
  • ALL Clutch Hair Culture halo extensions are considered FINAL SALE items and are not eligible for returns or exchange.
  • ALL Clutch Hair Culture extensions are considered FINAL SALE items and are not eligible for returns or exchange.

Shipping cost for Return or Exchange:

You are responsible for all shipping costs for returns and exchanges and we recommend that You send your exchange with a tracking number as Clutch Hair Culture will not be held responsible for lost returns.

Refunds for any return exclude the initial shipping cost paid to ship your package, that shipping fee is non-refundable.

For additional questions or concerns, You may contact us at theclutchhairculture@gmail.com or visit our Returns and Exchange Policy HERE.

9. CANCELLATION

Orders submitted cannot be cancelled once accepted via confirmation email sent to You of acceptance of order. Generally, items ordered from this site are put into production 24-48 hours from the time that the order was submitted. To cancel an order placed before an acceptance email is generated, please contact customer service as soon as possible.

10. REGISTRATION

In order to shop on this site all users must be registered. The details provided are saved in our database in order to process the order and to facilitate and speed up future purchases. Please see our Privacy Policy for more details regarding how Clutch Hair Culture manages this information.

11. OPT-IN OPT-OUT POLICY

Users of this site may access, amend or delete any data filled in on the registration form at any time; either in writing, or via email at theclutchhairculture@gmail.com.

We may from time to time contact You by email with information on new products; special discounts or other information we believe may be of interest to You. Any email we send You will contain an easy unsubscribe link from all future mail shots. Please see our Privacy Policy for more information.

12. INTELLECTUAL PROPERTY

All content and materials available on Clutch Hair Culture, including but not limited to ‘look and feel’ of the Website, text, graphics, website name, code, images, button icons, compilations and logos are the intellectual property of Clutch Hair Culture, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this Website is strictly prohibited, unless specifically authorized by Clutch Hair Culture.

Except as otherwise provided in this User Agreement or without our express prior written permission, You agree that You will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify any or all intellectual property of Clutch Hair Culture or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Website or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

13. RESPONSIBLE USE AND CONDUCT

By visiting this Website and accessing the Materials, You agree to use these Materials only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

You hereby agree that:

  1. Any warranty, express or implied, shall be voided by improper use.
  2. In order to access our Materials, You may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Materials. You agree that any information You provide will always be accurate, correct, and up to date.
  3. You are responsible for maintaining the confidentiality of any login information associated with any account You use to access our Materials. Accordingly, You are responsible for all activities that occur under your account/s.
  4. Accessing (or attempting to access) any of our Materials by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Materials through any automated, unethical or unconventional means.
  5. Engaging in any activity that disrupts or interferes with our Materials, including the servers and/or networks to which our Materials are located or connected, is strictly prohibited.
  6. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Materials is strictly prohibited.
  7. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by You, as explained above, and may incur criminal or civil liability.
  8. We may provide various open communication tools on this Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if You choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, You agree that You will not upload, post, share, or otherwise distribute any content that:
    1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    2. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    3. contains any type of unauthorized or unsolicited advertising;
    4. impersonates any person or entity, including any Bellami employees or representatives.
  9. We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If You post content that we choose to remove, You hereby consent to such removal, and consent to waive any claim against us.
  10. We do not assume any liability for any content posted by You or any other third-party users of our Website. However, any content posted by You using any open communication tools on our Website, provided that it doesn't violate or infringe on any third party copyrights or trademarks, becomes the property of Bellami, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Materials. All information provided as part of our registration process is covered by our Privacy Policy.

14. LIMITATION OF WARRANTIES

By using this Website, You understand and agree that all Goods and Materials we provide are "as is" and "as available". This means that we do not represent or warrant to You that:

  1. the use of our Goods and Materials will meet your needs or requirements.
  2. the use of our Materials will be uninterrupted, timely, secure or free from errors.
  3. the information obtained by using our Materials will be accurate or reliable, and
  4. any defects in the operation or functionality of any Materials we provide will be repaired or corrected.
    Furthermore, You understand and agree that:
  5. any content downloaded or otherwise obtained through the use of our Materials is done at your own discretion and risk, and that You are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  6. no information or advice, whether expressed, implied, oral or written, obtained by You from Clutch Hair Culture or through any Materials we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
  7. To the maximum extent permitted by applicable law and to the extent not covered under the applicable product warranty, Clutch Hair Culture expressly disclaims any and all warranties of any kind, whether express or implied, whether related to use of this website or Clutch Hair Culture products or services, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by You from Clutch Hair Culture or through any Clutch Hair Culture product or service will create any warranty not expressly stated herein.
  8. Clutch Hair Culture does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and Clutch Hair Culture will not be a party to or in any way monitor any transaction between You and third-party providers of products or services.

15. LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, You expressly understand and agree that any claim against us shall be limited to the amount You paid, if any, for use of products and/or services. Clutch Hair Culture will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by You as a result of using our Materials, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

16. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Clutch Hair Culture and its parent company, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any products or services, or this Website, including any data or content transmitted or received by You; (ii) your violation of any term of this User Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.

17. TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Materials with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Materials we provide will immediately cease, and we reserve the right to remove or delete any information that You may have on file with us, including any account or login information.

18. GOVERNING LAW

This Website is controlled by Clutch Hair Culture from our offices located in the State of Kansas, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of the United States of America and State of Kansas, USA by accessing our Website, You agree that the statutes and laws of State of Kansas, USA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of any products or services through this Site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in the State of Kansas, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

19. ARBITRATION

In the event of any dispute with Clutch Hair Culture, You agree to first contact us via email at theclutchhairculture@gmail.com and attempt to resolve the dispute with us informally. In the unlikely event that Clutch Hair Culture has not been able to resolve a dispute it has with You after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with this User Agreement, shall be settled by arbitration in Overland Park, KS in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party shall pay its own costs and fees associated with attorneys, the expenses of its witnesses and all other expenses associated with presenting its case; however, You and Clutch Hair Culture agree that, except as may be prohibited by law, the arbitrator may in his or her discretion, award reasonable attorney’s fees to the prevailing party.

Nothing in this section shall be deemed as preventing Clutch Hair Culture from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

20. ENTIRE AGREEMENT

Nothing contained in this User Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between You and Clutch Hair Culture. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

No failure to exercise and no delay on our part in exercising any of our rights, remedies, powers or privileges under this User Agreement and no course of dealing between You and Clutch Hair Culture shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on our part.

This User Agreement and the Privacy Policy constitutes the entire and exclusive understanding and agreement between You and Clutch Hair Culture. You acknowledge and agree that this User Agreement constitutes the complete and exclusive agreement between You and Clutch Hair Culture concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.

SMS/MMS Mobile Message Marketing Program Terms and Conditions

Clutch Hair Culture (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from Clutch Hair Culture via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.